Do you have a right to marry a foreigner?

By: Pulat Yunusov · June 30, 2009 · Filed Under Civil Rights, Immigration Law · 6 Comments

Not effectively. Not, if you want to stay in your own country, Canada. In that case, marrying a foreigner is a privilege granted by the government. The Star reports today about exorbitant refusal rates for sponsoring spouses from some parts of the world.

Although the initial reaction to this story may be focused on the discrimination, whether you approve it or not, Canadians’ civil rights and access to justice are at stake here. The government has discretion in screening sponsorship applications. It means there is little recourse in rejected cases and the government doesn’t have to give you reasons.

Fair?

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Post tags: marriage, Pulat Yunusov

Comments

6 Responses to “Do you have a right to marry a foreigner?”

John Magyar on June 30th, 2009 9:22 am

Based on the article, the system does appear to be failing with the result that some Canadian citizens are experiencing significant hardship. In a quasi-judicial process that permits appeals, it is my understanding that reasons must be given; and technically, the appeal process is recourse. If the process is slow, complex and opaque, and competent representation is expensive, then justice/fairness is a genuine concern … that’s probably what you mean. Your point is well-taken despite my quibbling with your choice of words (sorry, I couldn’t resist).
Mitch Kowalski on June 30th, 2009 9:50 am

Omar,

As you may know, it took nearly 12 months for me to bring my wife over from the Philippines.

My experience with Mississauga CIC, where you make the initial filing was excellent, timely and professional.

The problem is located in the individual embassies or consulates.

Manila CIC was exceptionally incompetent and arrogant, in the handling of my wife’s file. This attitude runs right from the top of Manila CIC downwards. Because, yes, I did deal directly with the individual in charge in Manila CIC – who was unimpressive.

As a lawyer, I was able to complete the excessive amount of forms and collect the mountain of evidence (35 separate envelopes of materials) with only minor difficulties. But, God help the average person in completing this task alone.

Yet, despite my attention to detail, Manila CIC insisted that I was missing forms; until I had to point out why these forms were not needed. Apparently Manila CIC does not read its own instructions.

It seems to me that since embassies and consulates are located away from Canada, far from their superiors, CIC officials in these offices adopt a god-complex. They are the gatekeepers and can do as they please.

And, they are exceptionally risk-averse. As a result, the practice emerges that visas should be denied where there is the slightest hint of irregularity or problem, as it easier to deny, than to undertake a considered and careful examination.

The problem is not so much with the rules – as marriage fraud does take place and many of the questions asked do make sense – but with those who are charged with ensuring compliance.
Omar Ha-Redeye on June 30th, 2009 4:11 pm

Thank you for sharing your experiences Mitch. You’re right – if it was that difficult for you, it would be probably much more challenging for others.
Matt on July 28th, 2009 8:14 pm

No this is not fair, and think it is a breach of human rights. How can the relation between spouses be judged by national borders and parameters?
JamesHalifax on July 30th, 2009 4:21 pm

Fair has little to do with it, thanks to the level’s of corruption and abuse in our immigration system.

There are countless examples’ of marriages of convenience. It should be up to the Government to decide who gets in or not..REGARDLESS of marital status to a Canadian citizen.

It may not be fair to those who have actually fallen in love with those they marry, but the policy really throws a wrench into arranged loveless marriages or marriages meant to circumvent the normal immigration process. If you don’t like it….move to join your wife or husband.
fatima on September 1st, 2009 1:01 am

Re: James

I think taking the attitude that Government should decide our faith “REGARDLESS of marital status to a canadian citizen” is of old school and opinions like yours should be abolished! There are steps that the government of Canada can take to prevent fraud marriages. One of the preventions would be to send these people back to their countries. I am not going to get into the symantics of this issue! I will say though that other countries have preventive measures in place to curb marriage fraud. Our government needs to stop putting our tax dollars into a system that allows marriage fraud and other immigration frauds.